Terms of Service

Effective Date: 20th May 2020

Introduction:

The terms of service below form the acceptable use agreement for “Crossley & Webb Online”, an online auction website at www.crossley-webb.com/auctions/.

By using the “Crossley & Webb Online” website you indicate that you have read, understood and agree to be bound by these terms of service. You must not use “Crossley & Webb Online” if you disagree with any of these terms of service.

About us:

The Crossley & Webb Online website is owned by Crossley and Webb Luxury Car Specialists (Pty) Ltd and is registered in Cape Town South Africa. Crossley & Webb, founded in 2013, are specialists in the sale of collector cars and provide the knowledge and support services to make your motoring experience enjoyable.

1. Definitions

a. “Company”
Refers to Crossley & Webb Luxury Car Specialists (Pty) Ltd
Company Registration number: 2013/001765/07.
Address: 15 Solan Road Gardens Cape Town 8001.

b. “User”
Refers to all bidders, buyers, sellers, visitors and others who access the Website.

c. “Parties”
Refers to the User and Crossley & Webb or the “Company” as in “1.a “

d. Online auction”
Refers to the auction hosted online at the Website by the Company

e. “Website”
Refers to the “Crossley & Webb Online” online auction website at the web address www.crossley-webb.com/auctions/

f. “Lot”
Refers to an item listed on the Website for sale through an online auction.

g. “VAT”
Refers to the Value added tax imposed in the Value Added Tax Act 1991 of 15%.

h. “Cut off time”
Refers to the date and time at which the auction has completed.

i. “Extended Cut off time”
Refers to the instance when a bid is made in the last 120 seconds (two minutes) of the auction, the auction time is extended by a further 120 seconds.

j. “User”
This refers to all bidders, buyers, sellers, visitors and others who access the Website.

k. “Seller”
Refers to the person that offers the Lot for sale.

l. Seller's fee
Refers to the fee for the relevant package to list a Lot on the Website.

  1. Basic package: R 999 incl VAT
  2. Pro: R 2 999 incl VAT (basic package with professional photography service)
  3. Custom: The custom package fee changes for each client and can include elements of the “Pro” package plus additional items such as hosted viewings, transport to showroom, technical inspections etc.

1. “Bid”
Refers to an offer to purchase a Lot on the Website.

2. “Bidder”
Refers to any User placing a bid on the Website to buy any Lot on the Online auction.

3. “Buyer”
Refers to the Bidder who has submitted the highest bid above the reserve price when the Cut off time and Extended cut off time has passed, the Bidder whose bid is formally accepted by the Company if a dispute had arisen and the Agent acting for a principal in which case the Agent and the Principal are jointly and severally liable.

4. “Reserve”
The reserve price is the lowest price the Lot can be sold for as indicated by the seller prior to the beginning of the auction.

5. “Purchase price”
Refers to the highest bid for a Lot that exceeds the reserve price when the auction cut off time has passed.

6. “Buyer's Premium”
Refers to the premium payable by the buyer on a Lot to Company calculated on the purchase price. The current buyer's premium rate for the Website is 10% including VAT.
A Minimum Buyers Premium of R 5000 incl. VAT applies for low price Lots, and a Maximum buyer's premium of R 150 000 incl. VAT applies to more expensive Lots.

7. “Buy now”
The “Buy now” price refers to the price that the seller will accept to close the auction early.

8. “Vehicle grading form”
Refers to the document complied by Crossley & Webb and completed by the seller of a Lot which grades the condition of the Lot on a scale of 1 to 5 (1 being poor quality and 5 being excellent).

9. “Photography guide”
Refers to the document compiled by Crossley & Webb to guide sellers to take the best photos of their Lots.

10. “Sale”
Refers to the sale of a Lot by Online auction.

11. “Transport”
Refers to the transportation of the Lot via a third-party supplier.

12. “Technical inspection”
Refers to the inspection of the Lot by a third party to assess the overall condition of the Lot.

13. “EFT”
Refers to an electronic fund transfer.

2. Website use and accessing the Website

Access to the Website is granted on a temporary basis and the right is reserved to withdraw access at any time.
The content of the website is not intended for minors.
You are responsible for ensuring that all persons accessing the site through your internet connection are aware of these terms and conditions.
In the case that you have been provided with a username and password or other security procedures, you must treat this information as confidential and not for disclosure to third parties.
You are responsible for any transactions undertaken by any third party where you have disclosed such information.

3. Seller

a. Seller content: uploading or sending information to the Website
When sending seller content to the Website you warrant that you own the content and the rights associated with the content. The Seller grants the Company permission to use the content to create an auction Lot and to promote the online auction of the Lot.

b. Undertaking of seller
By submitting a Lot to the Website for auction the seller undertakes that:

  1. The seller is the legal owner of the Lot or has written and verified permission to sell the Lot on behalf of the owner or Principal
  2. The seller is responsible for the accuracy of the description of the Lot in terms of condition and authenticity.
  3. The Lot is free of any liens or third-party claims
  4. Crossley & Webb Online has exclusive rights to sell the Lot on the online auction platform for three weeks (one week preview and two weeks live auction period) If the Lot does not sell it will be transferred to the Crossley & Webb sales website for a further four weeks

c. Selling process

  1. Seller submits the Lot to the Website with seller's pricing expectation, photos, service records (if applicable) and ownership documentation
  2. The Company will evaluate all submitted Lots and determine if they fit the profile for the Website.
  3. If the Lot is accepted for the Online auction, the seller must communicate the confidential Reserve price as well as a Buy now price to the Company. The seller can reduce or waive the reserve at any time prior to the cut off time of the auction.
  4. The Company researches all aspects of the Lot and drafts the copy of the listing which is sent to the Seller for approval.
  5. On approval of the listing, an auction start and end date is scheduled (auctions are usually live for two weeks with a one-week preview period).

4. Buyer

Buyer's responsibilities:

  1. It is the buyer's responsibility to research the Lot and be fully knowledgeable on all its details prior to making a bid.
  2. It is highly recommended to arrange a viewing in person and to have a technical inspection completed to add to the knowledge and understanding of all aspects of the Lot.
  3. Study service records, ownership documentation and authenticity of the Lot
  4. To keep funds available on the credit card linked to the bidder profile for 50% of the applicable buyer's premium for the Lot he/she intends to bid on (R 75000 incl. VAT maximum and R 2500 incl. VAT minimum)
  5. Pay transport, registration and delivery fees relating to the Lot

5. Online Bidding process
Registration and approval

  1. The potential bidder must register on the Website and submit required documentation to the Company for approval as a bidder.
  2. On approval of the bidder, a R 5000 registration deposit is required to be able to bid on the Lots live on the website (this can be processed via the credit card assigned to the bidder's profile).
  3. Assignment of a username is the final step for the bidder to be able to login to the website and bid on a lot

Login

  1. Visit the login page
  2. Enter your e-mail address
  3. A One-time pin will be delivered to your preferred contact method
  4. Enter your one-time pin

Due diligence

  1. Study the information in the auction listing and carry out research on similar Lots
  2. Make a note of the auction cutoff date and time
  3. Call Company and ask questions regarding the Lot
  4. Arrange an in person viewing of the Lot
  5. Arrange a technical inspection of the Lot (optional but recommended)

Place a bid

  1. Select your desired Lot
  2. Make sure there is time remaining on the auction
  3. Place an educated bid higher than the current bid
  4. If you want to secure the Lot immediately and accept the Buy now price you can select this option and the auction will end early and you will secure the Lot at the Buy now price The buyer agrees that each bid submitted for a Lot is legally binding whether through the Buy now option or the usual bid submission process
  5. If reserve has not been met, the Company may reduce the buyers fee or pay in a difference to make up the gap between the highest bid and the reserve price

We have the right to withdraw a Lot from a Live Online auction for any reason

6. After the auction
Payment

  1. If a buyer has submitted the highest bid and the reserve price has been exceeded or waived or the buyer has selected the Buy now option, 50% of the buyer's premium of 10% is charged (5% buyer's premium is charged) to the credit card associated with the buyers profile. The maximum potential charge for the 50% of buyer's premium on the successful bidder's credit card at is R 75,000 inclusive of VAT
  2. The balance of the buyer's premium must be paid to the Company within 24 hours of the cut off time of the auction via EFT.
  3. The company will forward payment details for the seller to the buyer and payment is made directly.
  4. The payment to the Seller must clear in the seller's account within 48 hours of the cut off time of the auction.
  5. Ownership of the Lot shall not pass to the buyer until the seller has received settlement of the full purchase price in cleared funds.
  6. The Lot shall be at the buyer's risk of loss the moment payment has been made for the lot to the seller.
  7. Buyers are advised to arrange for insurance cover to coincide with this time.

Nonpayment
The following outlined remedies that can be actioned in the case of nonpayment of the Lot.

  1. To resell the lot to the under-bidder
  2. To charge interest at the prime rate if the Lot remains unpaid after 48 hours of the cut off time
  3. Company can disclose the Buyer's details to the seller for the Seller to commence legal proceedings
  4. Company can commence legal proceedings against the Buyer for damages

Collection
Within seven days of the conclusion of the Online auction.

Transport
Transport of the Lot is the responsibility of the buyer. Company can supply a listed of trusted suppliers used over the past seven years without incurring any obligation.

Limitation of liability
The website is provided on an “as is” basis and the Company cannot guarantee that it will always be error free, safe or function without disruptions.

Intellectual Property rights Users have full rights to use the Website, however users do not have the right to copy or distribute any material on the Website without our prior written permission or steal the Company Trademarks, photos and design.

Disclaimer
Information, opinions, and suggestions on the Website should not be interpreted as advice on which reliance should be placed and are posted for guidance purposes only. The user disclaims and indemnifies Company against any liability that arises from reliance on the information on the Website.

Limited License
The User has nonexclusive revocable license to access the Website which is conditional on compliance with the terms of service.

Indemnification
User agrees to indemnify the Company and its Directors, Managers, staff and agents from and against any claims, damages, liabilities, costs and expenses arising from:

  1. Use of the Website
  2. Violation of the terms of use
  3. Violation of any Law or regulation
  4. Submitting false or misleading seller content
  5. Another person's unauthorised access to the Website using your username, security code or password

Privacy policy
Our privacy policy can be accessed by clicking on the following link: Privacy Policy

Revisions or variation of terms
Company is entitled to revise or vary the terms of use at any time for any reason. If you use the Website after changes have been made, then it will be understood that you have agreed to such changes.

Availability of Service
We may terminate or suspend the Website at anytime as we see fit and we do not promise uninterrupted service.

Complaints
Complaints must be sent to info@crossley-webb.com

Governing law
The website is hosted and operated from Cape Town in the Republic of South Africa and these terms shall be governed by South African law.